Traveling with expired I-751 extension?

[CaseyBorne88 21]

My wife and I are planning a trip to the Philippines next May. The last NOA we received extended her conditional permanent resident for 24 months from the expiration date on her Green Card. The expiration date will be later this year   on 09/26/23. What will we need to do before leaving? Is there a document we need to apply for in order to have proof of status?

 

Also our trip will have us out of country for 75 days. I seem to recall reading something about being out of country for too long during the immigration process, but I can’t remember the particulars. Is there anything we need to be aware of for extended stays out of country?
 

I would appreciate any information that might help us to be prepared for our trip.  Thanks. 

[OldUser 5,005]

Hi @CaseyBorne88

 

Her original 2 year green card and original extension letter (I-797), in addition to valid passport is all she needs to leave and re-enter the US.

Of course, if any countries besides her home country and US require visa for travel - she should get one.

 

She cannot stay outside of the US for 6 months or more at a time - this will result in her breaking residency. If she needs to stay outside of US for 6 months but less than 2 years, she can apply for I-131.

 

For naturalization purposes, if she plans to apply for citizenship under 3 year rule based on marriage to US citizen, she would have spent 18 months out of 3 years in the US. The calculations are all based on Residence Since date on her card.

Edited September 2, 2023 by OldUser

[Noname93 175]

13 minutes ago, CaseyBorne88 said:

The expiration date will be later this year   on 09/26/23.

The expiration date of the greencard or of the extension letter? If it's the greencard, no problem. If it's the extension letters, she'll need to get an I551 ADIT stamp.

[OldUser 5,005]

5 minutes ago, Noname93 said:

The expiration date of the greencard or of the extension letter? If it's the greencard, no problem. If it's the extension letters, she'll need to get an I551 ADIT stamp.

Very good point! Yes, if extension letter is expiring, you cannot travel without I-551 stamp in passport.

I totally missed that, thought @CaseyBorne88 talked about expiring 2 year GC.

 

One can argue that @CaseyBorne88's wife should have received a 48 month extension. Perhaps that also can be requested from USCIS - https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

Edited September 2, 2023 by OldUser

[Mike E 11,725]

2 hours ago, CaseyBorne88 said:

Also our trip will have us out of country for 75 days.

75 days is a long time. How confident are you that your I-751 will not denied while you are put of the country? 
 

When I-751 is denied while in the U.S., easy remedy: file a new I-751.

 

When denied while outside the U.S., an attempt re-enter the U.S. can, at CBP’s discretion, land you in CBP detainment and then ICE custody.

 

I think you should abbreviate the trip or force a decision with WoM: 

 

 

 

[CaseyBorne88 21]

Hi. Thank you everyone for the information. 09/26/23 is the expiration of the extension. Im pretty confident that her petition wouldn’t be denied. I have no reason to believe it will anyways. Everything has been relatively easy in our case so far anyways, but that’s not something I’ve considered. 
 

So I will need an I-551 stamp? Is that the simplest route? How is that process started?
 

I suppose we could apply for citizenship now to bump the process, but I would be worried that the timing might conflict with our trip next May. Is it likely that the entire process would be done in order for her to get a US passport in less than 8 months?

[Me and her 277]

8 minutes ago, CaseyBorne88 said:

Hi. Thank you everyone for the information. 09/26/23 is the expiration of the extension. Im pretty confident that her petition wouldn’t be denied. I have no reason to believe it will anyways. Everything has been relatively easy in our case so far anyways, but that’s not something I’ve considered. 
 

So I will need an I-551 stamp? Is that the simplest route? How is that process started?
 

I suppose we could apply for citizenship now to bump the process, but I would be worried that the timing might conflict with our trip next May. Is it likely that the entire process would be done in order for her to get a US passport in less than 8 months?

It depends on your local field office processing times.  You can also apply for urgent travel with proof of tickets/itinerary.  It costs more, but an option.  

[CaseyBorne88 21]

4 minutes ago, Me and her said:

It depends on your local field office processing times.  You can also apply for urgent travel with proof of tickets/itinerary.  It costs more, but an option.  

Our last NOA was from the Texas service center. Im not sure how fast they  are. I really tend to forget about this whole immigration experience while waiting. I have to re-educate myself every time each step comes. 

[Mike E 11,725]

22 minutes ago, CaseyBorne88 said:

pretty confident that her petition wouldn’t be denied.

Then why hasn’t it been approved by now?

Edited September 2, 2023 by Mike E

[CaseyBorne88 21]

Just now, Mike E said:

Then why hasn’t been approved by now?

I just assumed the Covid stuff had allot to do with it. Last I remember when I inquired here, many people were having the same experience as us. Everyone was receiving extensions and very little contact in between. 

[CaseyBorne88 21]

I have another question on my mind here now. If I filed for Citizenship now, and it was approved. The airline ticket is in my wife’s maiden name. Would that be an issue? The new US passport would be in her married name and would longer match the ticket. 

[Mike E 11,725]

23 minutes ago, CaseyBorne88 said:

I have another question on my mind here now. If I filed for Citizenship now, and it was approved. The airline ticket is in my wife’s maiden name. Would that be an issue? The new US passport would be in her married name and would longer match the ticket. 

Passport should match ticket name.

 

Some have had success with passport in old name, ticket in new name, and lawful change of name document

[jackiegringa 357]

4 hours ago, CaseyBorne88 said:

I just assumed the Covid stuff had allot to do with it. Last I remember when I inquired here, many people were having the same experience as us. Everyone was receiving extensions and very little contact in between. 

Try to get the 48 months extension like OldUser mentioned above, you should have received one by now that would solve all issues. Getting an ADIT stamp can be difficult so start trying for it soon. 75 out of the country is fine, very few I-751 are denied anyway, I wouldn't worry about it.

[CaseyBorne88 21]

1 hour ago, jackiegringa said:

Try to get the 48 months extension like OldUser mentioned above, you should have received one by now that would solve all issues. Getting an ADIT stamp can be difficult so start trying for it soon. 75 out of the country is fine, very few I-751 are denied anyway, I wouldn't worry about it.

Is there a number I can call for that? Im not aware of a particular application for an new extension letter. 

[jackiegringa 357]

16 hours ago, OldUser said:

Very good point! Yes, if extension letter is expiring, you cannot travel without I-551 stamp in passport.

I totally missed that, thought @CaseyBorne88 talked about expiring 2 year GC.

 

One can argue that @CaseyBorne88's wife should have received a 48 month extension. Perhaps that also can be requested from USCIS - https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

@CaseyBorne88 the link is here.

Edited September 2, 2023 by jackiegringa